Export Compliance (ITAR, EAR, OFAC)

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FH+H attorneys represent individuals and organizations, including commercial businesses and government contractors in all matters involving the import and export of goods, services and information to and from the United States.

Services + Solutions

Our export compliance team can help clients:

Understand the roles of the various U.S. federal agencies in administering and regulating the import and export of goods, information, and services to and from the United States, including the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), and the U.S. Department of Commerce, Bureau of Industry and Security (BIS).

Understand the International Traffic in Arms Regulations (the ITAR), the Export Administration Regulations (the EAR), the Office of Foreign Assets Control (OFAC) regulations, and other relevant laws and regulations.

Understand the Foreign Corrupt Practices Act (FCPA), the Foreign Agents Registration Act (FARA), the U. K. Anti-Bribery Act, and other laws and regulations pertaining to anti-corruption, ethical business conduct, and the representation of foreign interests before U.S. government agencies.

Understand the impact of U.N. sanctions and U.S. economic sanctions imposed upon individuals, organizations and foreign governments.

Perform due diligence with respect to all parties involved in cross-border transactions.

Identify risks associated with an individual, company or country on the Specially Designated Nationals (SDN) or Blocked Persons List.

Obtaining approval to market and sell goods and services, including defense articles or defense services, under the ITAR, EAR, or other relevant laws or regulations.

Determine whether an export license under the ITAR or the EAR may be required in connection with the export of goods, information, or services from the U.S.

Determine whether a temporary or permanent import permit would be required for the import of goods into the United States under the U.S. Munitions Import List (USMIL)

Draft and submit export license applications under the ITAR or EAR or import permit applications for items appearing on the USMIL

Understand the issues involving dual and third country nationals (DN/TCN), and prevent deemed exports

Understand and comply with the recordkeeping requirements of the ITAR, EAR, and other relevant laws and regulations

Develop and implement an export compliance program and manual, and deliver export compliance training to staff and other personnel

Understand the fines and penalties for violations of the ITAR, EAR, OFAC regulations or other relevant laws or regulations

Avoid violations of the ITAR, EAR and other export controls associated with deemed exports or foreign visitors

Respond to export compliance-related investigations conducted by DDTC, BIS, OFAC, or other U.S. federal agencies

Experience + Capabilities

FH+H lawyers have extensive experience providing legal advice and counsel to companies and individuals in connection with the import or export of goods, services and information to and from the United States.

FH+H has significant experience in the aerospace, defense, information technology, intelligence and homeland security sectors, both domestic and international.

FH+H clients include individuals and domestic and international companies and organizations, ranging from start-ups and small businesses to non-profits and multi-billion dollar defense titans.

FH+H lawyers advise on all aspects of the duties and obligations of Empowered Officials.

FH+H lawyers regularly deploy overseas to support our clients as they pursue international business opportunities subject to the ITAR and regulated by DDTC/BIS/

FH+H lawyers and staff provide 24×7×365 support to our clients in matters involving international transactions that are or may be subject to the ITAR/EAR.

Successes + Clients

Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.

FH+H attorneys provided comprehensive legal advice and counsel to numerous clients in connection with export compliance, global trade and international transactions, resulting in the export of over $750 million in defense articles, technical data, defense services and dual-use commodities to countries in the Middle East, North Africa, Europe, Asia, South America, and Canada.

FH+H attorneys represented a U.S. aerospace company in a complex, multi-million dollar international transaction with a foreign government which involved not only all aspects of the U.S. export compliance scheme (ITAR, EAR, OFAC, FCPA), but also the terms and conditions of the contract and transaction itself.

FH+H attorneys helped a U.S. defense contractor and sub-contractor to obtain export licenses from DDTC in connection with the export of defense articles, technical data and defense services from the United States in support of a multi-million dollar prime contract with the U.S. government.

FH+H attorneys represented a foreign company in a complex, multi-million dollar corporate transaction with a foreign government involving the export of U.S.-sourced defense articles from the United States under the ITAR.